C.Perumal v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5669 of 2025 C.Perumal ... Petitioner Vs.

1.The Sub Registrar, Walajah Nagar Sub Registrar Office, Walajah, Ranipet District.

2.C.Banu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, calling for the records pertaining to the impugned Refusal Check Slip No.RFL/Walajah/3/2015 dated 09.01.2025 issued by 1st respondent, quash the same and consequently direct the 1st respondent to register and release the release deed dated 16.12.2024 within a time frame fixed by this Court. For Petitioner : Mr.C.Harish For Respondents : Mr.B.Vijay Additional Government Pleader for R1 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal Check Slip issued by the 1st respondent dated 09.01.2025 and for a consequential direction to the 1st respondent to register the Release Deed dated 16.12.2024. 2.Heard Mr.C.Harish, learned counsel appearing on behalf of the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of the 1st respondent.

3.The 1st respondent has refused to register the Release Deed that was executed by the petitioner on the ground that the property is undivided and whereas, the schedule to the Release Deed has described the property with metes and bounds. 4.In the considered view of this Court, if the petitioner is having 1/5th share in the property, the 'A' Schedule to the Release Deed must describe the entire property and in the 'B' Schedule, the petitioner has to specifically state that his 1/5th share in the A Schedule property is being released. If this clarity is there in the recital as well as in the description of the property, the Release Deed can be entertained and registered, if it is otherwise in order.

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5.In the result, this writ petition stands allowed in the above terms. No costs. 24.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To The Sub Registrar, Walajah Nagar Sub Registrar Office, Walajah, Ranipet District.

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N. ANAND VENKATESH, J.

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